- (1.) These two appeals can be disposed of by a common order.
(2.) Briefly stated, the facts are as follows: One Dr. B. Prasad was appointed as the Head of the Postgraduate Department of Commerce in Ranchi University. The 1st respondent had a dispute regarding seniority with the said Dr. B. Prasad. The appointment of Dr. B. Prasad was challenged by the 1st respondent by filing a writ petition in the High Court. The High Court allowed that writ petition. The High Court noted that Dr. B. Prasad was not earlier holding any substantive post and that he was merely working as temporary lecturer whose term would have expired in February 1968 but was given extension till April 1968. The High Court noted that the said Dr. B. Prasad thereafter applied for extraordinary leave without pay in order to attend some special training. The High Court noted that instead of going for any special training, Dr. B. Prasad took up appointment as a Land Valuation Officer. Having worked as a Land Valuation Officer, Dr. B. Prasad, for reasons best known to him, decided to come back to the University on 12.8.1968. The High Court held that in these circumstances the services of Dr. B. Prasad for the purposes of seniority and eligibility for promotion to the post of Reader could only start from 12.8.1968. The High Court also held that Dr. B. Prasad would rank junior to Respondent 1. The High Court, on these findings, set aside the appointment of Dr. B. Prasad as Head of the Department and directed the University to consider the matter regarding appointment of Head of the Department afresh.
(3.) In spite of the fact that the High Court gave a categoric finding that Dr. B. Prasad's service could only start from 12.8.1968, the then Vice-Chancellor of the University (the appellant in Criminal Appeal No. 414 of 1997) purported to condone the break in service of Dr. B. Prasad and passed an order permitting Dr. B. Prasad to continue to work as Head of the Department. It is claimed that the Vice-Chancellor did this after taking the advice from the then acting Registrar of the University.;